Vaibhav Chaurasia v. Union of India

1. Allowed, subject to all just exceptions.

2. The application stands disposed of.

3. The grievance of the petitioner in the present writ petition is very limited. The petitioner has, consequent to an assignment, in his favour, of the device mark by M/s. Delicious Food Products Pvt Ltd, vide Assignment Deed 18th May 2022, applied, to the Registrar of Trademarks for substitution of the name of the petitioner as the proprietor of the aforesaid mark, which stands registered in favour of M/s. Delicious Food Products Pvt Ltd, vide Certificate of Registration dated 17th January 2019 w.e.f. 27th December 2013. The only prayer of the petitioner is that the Registrar may be directed to process and grant the said request as sought vide TM-P application dated 19th May 2022 and to display the updated and Neutral Citation Number: 2023:DHC:2560 correct status of the said mark on its online database. The prayer clause in the petition reads thus: “It is therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to:i) Issue an appropriate writ/order/direction in the nature of Mandamus directing the respondent to process and allow the request made on TM-P dated 19.05.2022 in respect of Trade Mark No. 2650542 in Class 30 filed by the petitioner; ii) Issue an appropriate writ/order/direction in the nature of Mandamus directing the respondent to display the updated and correct status of the Trade Mark No. 2650542 in Class 30 on its online database; iii) Issue an appropriate writ/order/direction in the nature of Mandamus or any other appropriate writ, order or direction in the nature of a writ, calling for the records relating to application file of Trade Mark No. 2650542 in Class 30 from respondent; and iv) Pass such other further order or orders as this Hon’ble Court may deem fit and appropriate in the facts and circumstances of the case”

4. Mr. Sirish Mishra, learned Counsel appearing for the respondent submits on instructions that the respondent – Registrar of Trademarks would take a decision on the petitioner’s application within a period of six weeks from today. In that view of the matter, Mr. Kantawala submits that this writ petition may be disposed of.

5. Recording the statement of Mr. Sirish Mishra and directing the application being TM-P application dated 19th May 2022 within a period of six weeks from today, this petition stands disposed of.

C.HARI SHANKAR, J APRIL 12, 2023